SMITH QUITS AS DU PAGE SCHOOL CHIEF

Art Barnum and John SchmeltzerCHICAGO TRIBUNE

Du Page County`s embattled regional school superintendent, James Smith, resigned Thursday less than 24 hours after being convicted in a kickback scheme that also involved his predecessor, Harold Wright.

Smith personally delivered a letter of resignation to the office of county board Chairman Jack Knuepfer (R., Elmhurst) and asked that it be retroactive to Wednesday.

Knuepfer, who has the authority to name Smith`s successor with the consent of the county board, is out of the country and was unavailable for comment. The appointee would serve until the next general election, in November, 1986. Any candidate seeking the job in that election would be required to file nominating petitions in December in anticipation of the March, 1986, primary.

The only active candidate is Berardo DeSimone of Addison, first assistant superintendent. DeSimone has been first assistant since Smith became superintendent in 1981.

During the summer, after Smith`s indictment, county Republican Chairman James ''Pate'' Philip (R., Wood Dale) asked State Rep. Gene Hoffman (R., Elmhurst) to consider applying for the job. But Hoffman said he was not interested.

County board member William Bates (R., Elmhurst) said Thursday that he believes DeSimone deserves the promotion. ''He`s capable,'' Bates said.

The state law on succession passed last summer put the appointment in the hands of the board and its chairman. Under the former law, DeSimone would automatically have become the superintendent with Smith`s resignation.

Smith, 59, of Wheaton, was convicted Wednesday by a federal jury of one count of obstruction of justice and one count of lying to an FBI agent in connection with a scheme in which he pocketed $1,800 as a kickback from Wright.

The jury failed to reach agreement on a third charge of mail fraud, and U.S. District Judge Marvin Aspen declared a hung jury. He set Nov. 14 for sentencing on the two other charges.

State`s Atty. James Ryan said Thursday that the local investigation into the allegations by a county grand jury is still pending and that no decision whether to continue pursuing it will be made ''until I have a chance to sit down and discuss the whole case'' with U.S. Atty. Anton Valukas.

Ryan said any decision to try to recover funds from Smith, Wright or the Kemper Insurance Co., which holds indemnity bonds on the regional school superintendent post, also would not be made until the meeting with Valukas.

The guilty verdict followed a three-day trial in which Smith was accused of funneling about $6,700 in school funds to Wright in exchange for the kickback.

Wright has pleaded guilty to charges of income tax fraud and mail fraud in connection with his embezzlement of about $47,000 from the county fund, part of which he spent to procure the services of prostitutes.